The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 24 No 04, p.5

At the time of marriage, a man accepted the following condition made by the woman: "If I take a second wife, then my wife will have the right to prono

Question

At the time of marriage, a man accepted the following condition made by the woman: "If I take a second wife, then my wife will have the right to pronounce one Talaaq Baa-in on herself". Is this valid? What is the effect of it?

Answer

This is termed Tafweedhut Talaaq. Tafweedhut Talaaq is the delegation by the husband of a Talaaq to his wife or to anyone else to issue Talaaq to his wife or she invokes Talaaq on herself if the husband commits a certain act which he promised not to do. In this case if the husband takes a second wife, the first wife has the right to pronounce Talaaq on herself and this will be one Talaaq Baa-in which ends the Nikah.

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Published in
The Majlis Vol 24 No 04
PDF page
5

Appears under IMASA IS A JAHIL MUDHIL (approximate).

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